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Newfoundland Regulation 2001

NEWFOUNDLAND REGULATION 81/01

NEWFOUNDLAND REGULATION 81/01

Vehicles
Regulations, 2001under theHighway Traffic Act(O.C. 2001-713)

(Filed November 27, 2001)

Under the authority of section 187 of the Highway Traffic Act, the minister, with
the approval of the Lieutenant-Governor in Council, makes the following
regulations.

Dated at St. John’s, November 26, 2001.

Walter Noel
Minister of Government Services and Lands

Deborah E. Fry
Clerk of the Executive Council

REGULATIONS

Analysis

1.
Short title

2.
Interpretation

3.
Weights and dimensions

4.
Axle configuration

5.
Permitted mass

6.
Special permit

7.
Excessive axle mass

8.
Non-application

9.
Prohibited vehicles

10.
Penalty

11.
Calculation of penalty

12.
Non- application to designated highway

13.
Additional penalties

14.
Qualities of special permits

15.
Logging trucks

16.Exemption

17.
Transitional

18.
Repeal

Schedule A

Schedule B

Schedule C

Schedule D

Schedule E

Short title

1.These
regulations may be cited as the Vehicles
Regulations, 2001.

Interpretation

2.(1) In
these regulations

(a)"A dolly" means a converter dolly
that is towed from one hitch on the centre line of the towing vehicle;

(b)"A train double" means a combination
of vehicles composed of a tractor, a semitrailer and either an A dolly and a
semitrailer or a full trailer attached to the foremost semitrailer in a like
manner as if an A dolly were used;

(c)"axle" means an assembly of 2 or
more wheels whose centres are in one transverse vertical plane and transmit
weight to the road;

(d)"axle group" means a single axle, a
tandem axle, a tandem equivalent axle or a triaxle;

(e)"axle group weight" means the total
weight transmitted to the road by an axle group;

(f)"axle spread" means the longitudinal
distance between the centres of extreme axles of an axle group;

(g)"axle weight" means the weight
transmitted to the road by an axle;

(h)"box length", for a combination of
vehicles, means the longitudinal distance from the foremost part of the cargo
carrying unit or cargo to the rearmost part of the carrying unit or cargo,
exclusive of any extension in the dimension caused by auxiliary equipment or
machinery at the front that is not designed or used for carrying cargo;

(i)"B train double" means a combination
of vehicles composed of a tractor, a semitrailer and a second semitrailer towed
by the lower half of a fifth wheel assembly mounted on the rear of the foremost
semitrailer;

(j)"C dolly" means a converter dolly,
with a frame rigid in the horizontal plane that is towed from 2 hitches located
in a horizontal transverse line on the towing unit, that precludes any rotation
in the horizontal plane about the hitch points, and which satisfies all
requirements of the Canadian Motor Vehicle Safety Standards applicable to those
devices;

(k)"converter dolly" means a vehicle
unit that is designed and normally used to convert a semitrailer to a full
trailer;

(l)"C train double" means a combination
of vehicles composed of a tractor, a semitrailer, a C dolly and a second
semitrailer;

(m)"drawbar" means a structure
connected to the chassis frame of a trailer or converter dolly that includes a
device for coupling to a hitch on a towing vehicle;

(n)"drawbar length", for a pony
trailer, a full trailer or a converter dolly, means the longitudinal distance
from the centre of a device that attaches to a hitch on a towing vehicle to the
centre of the lower half of the fifth wheel assembly or turntable;

(o)"drive axle" means the axle or axle
group that is or may be connected to the power source of a motor vehicle and
that transmits power to the wheels;

(p)"effective rear overhang" means the
longitudinal distance from the centre of the rear axle or axle group on a truck
or the geometric centre of the rear axle or axle group on a trailer, to the rearmost
point of the truck or trailer, including cargo;

(q)"fifth wheel assembly" means a
coupling device whose lower half is comprised of a plate and locking jaws and
is mounted on the rear portion of a vehicle frame or the frame of a converter
dolly and whose upper half is comprised of a plate and a kingpin fastened to
the underside of the forward portion of a semitrailer for the purpose of
supporting and towing the semitrailer;

(r)"fifth wheel offset", for a tractor,
means the longitudinal distance from the centre of the lower half of a fifth
wheel assembly to the tractor turn centre;

(s)"front overhang" means the
longitudinal distance from the front bumper, as installed by the manufacturer
of the vehicle, to the foremost point on the vehicle or cargo, whichever is
greater;

(t)"full trailer" means a trailer
designed and used so that its weight and load is carried on its own axles and
includes a combination consisting of a semitrailer and a converter dolly;

(u)"gross axle weight rating" means the
value specified by the vehicle manufacturer as the load carrying capacity of a
single axle system, as measured at the tire-ground interfaces;

(v)"gross vehicle weight" means the
total weight transmitted to the road by a vehicle or combination of vehicles and
cargo;

(w)"gross vehicle weight rating" means
the value specified by the vehicle manufacturer as the loaded weight of a
single vehicle;

(x)"hitch" means a device attached to a
vehicle or converter dolly for towing another vehicle or converter dolly, and includes
the lower half of a fifth wheel assembly;

(y)"hitch offset", for a truck or
semitrailer equipped with a hitch for towing a trailer or converter dolly,
means the longitudinal distance from the turn centre of the truck or semitrailer
to the articulation point of the hitch;

(z)"interaxle spacing" means the
longitudinal distance between the centre of the rearmost axle of an axle group
and the centre of the foremost axle of the next axle group to the rear, within
a vehicle or a combination of vehicles;

(aa)"intercity bus" means a vehicle
designed to carry more than 10 passengers and equipped with facilities to allow
extended travel without stopping;

(bb)"kingpin" means the pin that couples
a semitrailer to the lower half of a fifth wheel assembly;

(cc)"kingpin setback" means the
horizontal distance from the vertical axis through the centre point of the
kingpin to the farthest point on the semitrailer or cargo ahead of the kingpin;

(dd)"length (full trailer)" means the
external longitudinal distance from the foremost point of the cargo carrying
section of the full trailer or cargo to the rearmost point of the trailer or
cargo, exclusive of any extension in length caused by equipment or machinery at
the front that is not designed or used for transporting cargo;

(ee)"length (pony trailer)" means the
external longitudinal distance from the foremost point of the drawbar of the
pony trailer or the foremost point on the cargo to the rearmost point of the
trailer or cargo;

(ff)"length (semitrailer)" means the
external longitudinal distance from the foremost point on the cargo carrying
section of the semitrailer or cargo to the rearmost point of the semitrailer or
cargo, exclusive of an extension in length caused by equipment or machinery at
the front that is not designed or used for transporting cargo;

(gg)"lift axle" means an axle fitted
with a device that enables its load to be adjusted or which can be removed from
contact with the ground by the vehicle operator;

(hh)"load equalisation" means the
observed weight on axle groups does not vary by more than 1000 kilograms
between adjacent axles;

(ii)"model year" means the year used to
designate a discrete vehicle model irrespective of the calendar year in which
the vehicle was actually produced, as indicated by the vehicle manufacturer in
the vehicle identification number;

(jj)"overall height" means the vertical
distance between the highest point on the vehicle or combination of vehicles, including
cargo, and the surface of the road;

(kk)"overall length" means the
longitudinal distance from the foremost part of a vehicle or combination of
vehicles to the rearmost part of the vehicle or combination of vehicles, including
cargo;

(ll)"overall width" means the greatest
overall transverse dimension of a vehicle or combination of vehicles, including
cargo;

(mm)"pony trailer" means a trailer with
one axle group close to the centre of its chassis that carries the
preponderance of its weight and load, and, that is towed by a drawbar rigidly attached
to the structure of the trailer;

(nn)"rear overhang" means the
longitudinal distance calculated from the rearmost point of the bed or body of
a truck or trailer to the rearmost point of the cargo;

(oo)"registration permit" means a permit
issued under the Act or the laws of another jurisdiction with respect to the
registered weight or ownership of a vehicle or combination of vehicles and
which has not expired, been suspended or cancelled;

(pp)"Schedule" means a Schedule attached
to these regulations;

(qq)"self steering axle" means an axle
whose wheels can steer in response to forces generated between its tires and
the road, or through mechanisms and linkages that operate independently of the
driver, regardless of whether the self steering mechanism may be rendered
inoperative;

(rr)"semitrailer" means a vehicle that
is designed to be towed by another vehicle and is so designed and used that a
substantial part of its weight and load rests on or is carried by the other
vehicle or a trailer converter dolly through a fifth wheel and kingpin
combination;

(ss)"single axle" means one or more
axles whose centres are included between 2 parallel transverse vertical planes
up to but not including 1.2 metres apart and which have the same number and
size of tires on each side of the axle;

(tt)"steering axle" means an axle whose
steering is controlled by the driver of the vehicle to control the direction of
travel of the vehicle;

(uu)"swing radius" means the horizontal
distance from the vertical axis through the centre of the kingpin to any point
on the semitrailer or cargo ahead of the kingpin;

(vv)"tandem axle" means an axle group
containing 2 consecutive axles which do not include any liftable or
self-steering axles, have the same number and size of tires on each axle, and
are attached to the vehicle in a manner that achieves equalised loading between
the axles;

(ww)"tandem equivalent axle" means a
group of 2 consecutive axles within a vehicle, one of which is a lowered lift
axle, attached to the vehicle by identical pneumatic suspensions which achieve
load equalisation between axles, and fitted with the same number and size of
tires on each axle;

(xx)"tandem steering axle" means an axle
group containing 2 consecutive axles which do not include any liftable or self
steering axles, have the same number and size of tires on each axle, both of
which whose steering is controlled by the driver of a vehicle to control the
direction of travel of the vehicle, and are attached to the vehicle in a manner
that achieves equalised loading between the axles;

(yy)"tire load rating" means the maximum
load a tire is rated to carry at a given inflation pressure, as determined by
the manufacturer and stamped on the side of the tire at the time of
manufacture;

(zz)"track width" means the overall
width of an axle across the outside faces of the tires;

(aaa)"tractor" means a motor vehicle
designed to and normally used to pull a semitrailer and a full trailer or a
semitrailer and another semitrailer;

(bbb)"tractor semitrailer" means a
combination of vehicles composed of a tractor and a semitrailer;

(ccc)"tractor wheelbase" means the
longitudinal distance from the centre of the steering axle to the geometric
centre of the drive axle group;

(ddd)"trailer" means a semitrailer, a
full trailer or a pony trailer;

(eee)"trailer wheelbase" means the
longitudinal distance from the centre of the kingpin of a semitrailer, or the
centre of the turntable of a full trailer, or the centre of the hitching device
on a pony trailer, to the trailer turn centre;

(fff)"triaxle" means a 3 axle group
composed of 3 consecutive axles and one axle that is a single axle or a
liftable axle or a self steering axle and that are the only axles attached to a
trailer;

(ggg)"tridem axle" means 3 consecutive
axles within a vehicle which do not include any liftable or self-steering
axles, have the same number of tires on each axle, are equally spaced and are
attached to the vehicle in a manner that achieves equalised loading among the 3
axles;

(hhh)"tridem equivalent axle" means a
group of 3 consecutive, equally spaced axles within a vehicle comprising a
lowered lift axle in the front, attached to the vehicle by identical pneumatic
suspensions which achieve load equalisation between all 3 axles, and fitted
with the same number and size of tires on each axle;

(iii)"truck" means a motor vehicle, other
than a bus, that is designed and normally used to carry cargo, that may operate
as a single unit or may pull a trailer other than a semitrailer;

(jjj)"turn centre" means the geometric
centre of the axle group on a semitrailer or pony trailer or the geometric
centre of the rear axle group on a truck, tractor or full trailer;

(kkk)"turntable" means a device at the
front of a full trailer which permits articulation of the front axle or axle
group on the trailer;

(lll)"vehicle identification number"
means a number consisting of arabic numerals, roman letters, or both, that the
manufacturer assigns to the vehicle for identification purposes;

(mmm)"warning flag" means a square red
flag of orange or red colour with sides that are at least 400 millimetres in
length; and

(nnn)"width of tire" means the width of
the tire as customarily measured and rated by manufacturers of motor vehicles
and tires and stamped on the tire at the time of its manufacture.

(2)In these regulations, a reference to weight
shall also be considered to be a reference to mass.

Weights and dimensions

3.(1) A
person shall not operate a vehicle or combination of vehicles defined in these
regulations, unless each axle of its axle configuration is equipped with

(a)tires of equal size and equal capacity; and

(b)brakes.

(2)Unless a special permit has been issued under
these regulations, a person shall not operate upon a highway a vehicle or
combination of vehicles, either unladen or with load, and equipped with pneumatic
tires

(a)having a weight in excess of the weight in
kilograms represented upon the registration permit issued in respect of that
vehicle or combination of vehicles;

(c)having a steering axle representing 3,200
kilograms or more of the vehicle’s registered weight with a retreaded tire
mounted on a wheel and installed upon that axle;

(d)having an axle weight in excess of the maximum
weight specified in Schedules A and B for an axle configuration;

(e)having an axle configuration set out in these
regulations where the load on an axle varies by more than 1000 kilograms between
adjacent axles in tandem, tandem equivalent, tridem and tridem equivalent axle
groups; and

(f)having a weight in excess of the allowable
gross vehicle weight shown in kilograms in accordance with the Schedule.

Axle
configuration

4.(1) A
person shall not operate upon a highway a vehicle or a combination of vehicles
with an axle configuration other than those set out in Schedules A and B.

(2)For the purposes of calculating registered
weight and the issuing of registration permits for vehicles, trailers, truck,
tractor and tractor semi-trailer combinations, the weight for each axle
configuration shall be as specified in Schedules A and B.

(3)A vehicle having an axle configuration other
than as specified in Schedules A and Bshall not obtain a registration
permit.

(4)Notwithstanding subsection (3), the registrar
may issue a registration permit for a vehicle having an axle configuration not
specified in these regulations subject to terms or conditions that the
registrar considers appropriate.

(5)A person shall not operate upon a highway a
vehicle either unladen or with load, having a wheel weight in excess of 55% of
the weight prescribed in these regulations for an axle upon which that wheel is
mounted.

(6)Notwithstanding the provisions of this section,
the minister or a person designated by him or her may determine and fix a
lesser maximum load that may be carried over a bridge or section of highway and
may erect and maintain signs giving notice of the lesser maximum load.

(7)Where the signs referred to in subsection (6)
have been erected and maintained, a person shall not drive or move over those
bridges or a section of highway a vehicle having a weight, unladen or with
load, in excess of the maximum load stated on those signs.

(8)Where a vehicle registered under the laws of
another jurisdiction may be legally operated within the province without being
registered in the province, a person shall not operate that vehicle within the
province unless that vehicle is in compliance with these regulations.

Permitted mass

5.(1) The
maximum permitted weight set out in Schedules A and B shall be the maximum
weight for which a vehicle or combination of vehicles described in those
schedules may be registered.

(2)Notwithstanding subsection (1) and subject to
section 8, the registrar may register a vehicle or combination of vehicles for
a weight greater than the permitted weight set out in Schedules A and B where
the owner of those vehicles has provided the registrar with a certificate
respecting the gross axle weight rating of the steering axle and that other
information as may be required by the registrar in order that the registrar may
determine a safe registered weight in respect of the vehicle or combination of
vehicles where application has been made for a greater registered weight.

(3)The certificate provided to the registrar
under subsection (2) respecting gross axle weight rating provided by the owner
supporting an application for increased weight registration on the steering
axle shall have the signature of the manufacturer’s agent as to the technical
competence of that axle and attachments.

Special permit

6.(1) The
minister or a person authorized by him or her may issue a special permit
authorizing a person to operate or move a vehicle or combination of vehicles,
object, structure or load that exceeds the weight or dimensions specified in
these regulations, subject to terms and conditions that the minister or person
authorised by him or her considers to be appropriate.

(2)A special permit issued in respect of a
combination motor vehicle and a trailer or semi-trailer may specify the maximum
permitted axle weight of all axles of an axle configuration of that commercial
motor vehicle and trailer or semi-trailer either in addition to or instead of
specifying the total maximum permitted weight of that commercial motor vehicle
and trailer or semi-trailer.

(3)A person shall not obtain a special permit for
overweight for a vehicle or combination of vehicles, object, structure and load
when the registered gross weight is less than the maximum allowable registered
gross weight for the vehicle or combination of vehicles for which an application
for a special permit is made.

(4)An application for a special permit shall be
made in the manner required by the minister and shall state the maximum weight
on highways or parts of highways over which the vehicle, combination of
vehicles, object, structure or load is to be operated or moved and other
information that the department may require.

(5)Special permits may be in respect of one
operation or movement of the vehicle, combination of vehicles, object,
structure or load or may be for operations or movements for a limited period of
time during any season of the year.

(6)A special permit shall be carried in the
vehicle, combination of vehicles, object, structure or load to which it refers
and shall be produced at the request of a peace officer or officers that are
designated by the minister.

(7)Notwithstanding a special permit issued under
these regulations, a person who drives, operates or moves a vehicle,
combination of vehicles, object, structure or load on or over a highway shall,
in addition to a penalty imposed elsewhere under these regulations, be liable
for damage caused to a highway.

(8)A vehicle operated under a special permit
authority shall display a sign, notice or symbol in accordance with Schedule D
and that sign, notice or symbol shall be displayed to the front and to the rear
of the vehicle only when an over dimensional vehicle or load is 3.05 or greater
metres in width, 25 or greater metres in length or 4.15 or greater metres in
height.

(9)If a vehicle, combination of vehicles, object,
structure or load is less than the dimensions referred to in subsection (8),
that subsection does not apply unless otherwise specified on the special
permit.

(10)The minister may require a person to whom a
special permit is issued to provide a bond sufficient to cover the cost of
repairing damage to a highway that may result from the operation or movement of
a vehicle, combination of vehicles, object, structure or load otherwise than in
accordance with the permit.

(11)The minister may revoke a special permit for a
reason that he or she considers to be sufficient.

(12)A person shall not operate upon a highway a
vehicle or combination of vehicles travelling under special permit authority
when the gross weight or the axle weight of an axle group of that vehicle or
combination of vehicles exceeds the weight authorized by the special permit.

(13)A person shall not operate upon a highway a
vehicle or combination of vehicles that exceeds the axle weight or gross
vehicle weight authorized by a special permit.

(14)If a violation of this section occurs,

(a)the person who is responsible for that
violation commits an offence and is liable on summary conviction to a fine of
$110 for each offence;

(b)an additional penalty as set out in subsection
10(1) shall be imposed as it pertains to excess gross weight or shall be cumulative
of the excess weight per each individual configuration, whichever is greater;

(c)the movement shall be stopped; and

(d)the load shall be reduced to comply with these
regulations.

Excessive axle
mass

7.(1) Where
an axle weight of a vehicle exceeds 10 kilograms per millimetre of the tire
manufacturer’s rated tire width or 3000 kilograms per tire in respect of all
tires installed on the wheels of the axle

(a)a person shall not operate that vehicle,
either unladen or with load, upon a highway; and

(b)the vehicle shall not be registered under
subsection 5(1) and (2).

(2)Where, for a model year 2002 or earlier
vehicle, the axle weight of that vehicle exceeds 10 kilograms per millimetre
but is less than or equal to 11 kilograms per millimetre of the tire
manufacturer’s rated tire width in respect of all tires installed on the wheels
of an axle, that vehicle shall be permitted to operate on a highway in the
province until not later than December 31, 2006, after which time the axle
weight of all vehicles shall comply with subsection (1).

Non-application

8.These
regulations, except subsections 3(1) and 4(5), shall not apply to the operation
of a vehicle upon a highway or a portion of a highway that has been designated
by the minister or a person appointed by him or her, for purposes incidental to
the construction of that highway

(a)where there is represented on the permit for
the vehicle the maximum weight that is allowable under the Act and the
regulations; or

(b)where the vehicle is carrying gravel, sand,
stone, asphalt, cement, paving materials and other materials used in highway
construction.

Prohibited
vehicles

9. Notwithstanding
section 7, a person shall not drive or draw on a highway

(a)a vehicle or combination of vehicles not
specified in the Schedule or having dimensions not in accordance with a
specified vehicle or combination of vehicles in Schedules A and B;

(b)a truck or truck-tractor with an overall
length inclusive of front and rear bumpers plus a load on that vehicle in
excess of 12.5 metres;

(c)a 2 axle or 3 axle intercity bus with an
overall length, inclusive of front and rear bumpers, in excess of 14 metres;

(d)a combination of vehicles such as a
truck-trailer or truck tractor semi-trailer combination with an overall length
in excess of those lengths described in Schedules A and B;

(e)a semi-trailer

(i)subject to subparagraph (ii), with an overall
length in excess of 14.65 metres unless the semi trailer is equipped as
detailed in Schedule E,

(ii)in excess of 16.2 metres,

(iii)with an overall length less than or equal to
14.65 metres and manufactured on or after December 1, 1993, unless the
semi-trailer is equipped with a conspicuity system according to the
requirements of the Motor Vehicle Safety
Act (Canada), and regulations made under that Act, or

(iv)after December 31, 2001, with an overall
length less than or equal to 14.65 metres and manufactured before December 1,
1993, unless the semi-trailer is equipped with a conspicuity system according
to the requirements of the Motor Vehicle
Safety Act (Canada) and the regulations made under that Act;

(f)an A train double, B train double or C train
double combination with an overall length in excess of 23 metres unless the
trailers are equipped a described in Schedule E;

(g)a vehicle or combination of vehicles that does
not comply with the dimension requirements of Schedules A and B;

(h)a combination of trailers referred to as A
train double, B train double and C train double combinations with an overall
box length in excess of 20 metres and total vehicle length in excess of 25
metres;

(i)a vehicle that, including its load or
contents, has a greater width than 2.6 metres except

(i)traction engines, threshing machines or loads
of loose fodder which may have a total width of not more than 2.8 metres,

(ii)rear view mirrors that may extend to not more
than 20 centimetres on each side beyond the maximum vehicle width of 2.6
metres, or

(iii)load securement devices that may extend to a
maximum of 10 centimetres on each side beyond the maximum vehicle width of 2.6
metres;

(j)a vehicle which, including its load or
content, has an overall height above the surface of the highway greater than
4.15 metres;

(k)a trailer

(i)with an overall width greater than or equal to
2.05 metres and having a registered or required to be registered maximum gross
vehicle weight rating exceeding 4500 kilograms and manufactured on or after
December 1, 1993 unless the trailer is equipped with a conspicuity system
according to the requirements of the
Motor Vehicle Safety Act (Canada) and the regulations made under that Act,
or

(ii)after December 31, 2001, with an overall width
greater than or equal to 2.05 metres and having a registered or required to be
registered maximum gross vehicleweight
rating exceeding 4500 kilograms and manufactured before December 1, 1993 unless
the trailer is equipped with a conspicuity system according to the requirements
of the Motor Vehicle Safety Act (Canada)
and the regulations made under that Act; or

(l)a combination of vehicles consisting of more
than 2 vehicles unless the combination meets the criteria of a train combination
as described in Schedules A and B.

Penalty

10.(1) Where
a person commits an offence under subsection 3(2) or section 4, that person is
liable on summary conviction to a fine of $100. plus

(a)$1.20 for each 50 kilograms of the first 2,300
kilograms;

(b)$2.40 for each 50 kilograms of the excess
weight over 2,300 kilograms but not over 4,500 kilograms;

(c)$3.60 for each 50 kilograms of the excess
weight over 4,500 kilograms but not over 7,000 kilograms;

(d)$4.80 for each 50 kilograms of the excess
weight over 7,000 kilograms but not over 9,000 kilograms; and

(e)$6 for each 50 kilograms of the excess weight
over 9,000 kilograms.

(2)Where a vehicle has a dimension in excess of
dimensions specified in section 9, the penalty shall be

(a)$100 where less than or equal to 0.5 metres
overdimension;

(b)$150 where greater than 0.5 metres but less
than 1.77 metres overdimension;

(c)$300 where greater than or equal to 1.77
metres but not more than 2.6 metres; and

(d)$750 where greater than 2.6 metres
overdimension.

(3)In addition to the penalty imposed, in no case
shall an overweight or overdimension proceed until a special permit has been obtained
and all conditions attached have been complied with.

Calculation of
penalty

11.(1) For
the purpose of calculating the penalty under subsection 10(1), a fraction of 50
kilograms

(a)being not less than 25 kilograms shall be
considered to be 50 kilograms; and

(b)if less than 25 kilograms shall be discounted.

(2)A person who fails to comply with or otherwise
contravenes the terms or conditions prescribed in or in respect of or attached
to a special permit issued under section 6, in addition to the penalty prescribed
by the Act or the regulations for that failure or contravention, is liable on
summary conviction to an additional fine of not less than $600.

(3)For the purposes of calculating the penalty
under subsection 10(2) the amount of overdimension shall be measured from the
legal dimension and not from the specified dimension in the special permit.

Non- application
to designated highway

12.(1)
These regulations do not apply to the operation of a vehicle upon a highway or
a portion of a highway that has been designated by the minister or a person
designated by him or her as requiring a reduction in gross weight during
particular periods at or between specified times or on specified occasions or
in particular circumstances.

(2)The gross weight reduction referred to in subsection
(1) shall not exceed a specified percentage of the registered weight or the
weight of each axle group as permitted by Schedules A and B.

Additional
penalties

13. A
person who fails to obtain a special permit and operates or moves a vehicle or combination
of vehicles, object or structure which exceeds the dimensions specified in
these regulations is guilty of an offence for which the fine will be $600 in
addition to another fine levied under these regulations.

Qualities of
special permits

14.(1) A
special permit shall at all times remain the property of the Crown and shall,
upon request, be returned to the minister.

(2)A special permit shall at all times be subject
to withdrawal, suspension or cancellation by the minister for violations of the
Highway Traffic Act or the
regulations made under that Act or for failing to comply with the terms and
conditions of a special permit.

(3)A special permit is not valid unless carried
in the cab of the transporting unit and all terms and conditions are complied
with.

Logging trucks

15.(1) Notwithstanding
another provision of these regulations, the minister may issue a special permit
to a logging truck in a B train double configuration allowing the lead axle of
the tridem axle group to be a liftable axle.

(2)A logging truck issued a special permit under
subsection (1) will be subject to

(a)the same weights under these regulations as if
the axle was fixed; and

(b)those terms and conditions as may be attached
to the special permit.

Exemption

16. A
vehicle operated by or on behalf of the Department of Works Services and
Transportation for the purpose of winter snow clearing shall be exempt from
weight limitations described in these regulations provided that the vehicle’s
overall weight does not exceed the manufacturer’s gross vehicle weight rating
and each axle weight does not exceed the manufacturer’s gross axle weight
rating for that axle.

Transitional

17.(1) Subject
to subsections (2) to (15), limits contained in Schedules A and B shall apply

(a)with respect to weight and dimension limits,
to all new vehicles having a model year of 2003 and later; and

(b)to all vehicles with respect to weight and
dimension limits commencing after December 31, 2009.

(2)A vehicle or combination of vehicles,
excluding a tractor and a truck, that, upon the date of coming into force of
these regulations does not meet the interaxle spacing requirements of schedules
A and B and

(a)complies with the former regulations, may
continue to operate in the province in accordance with the former regulations
until December
31, 2009; and

(b)does not comply with the former regulations,
shall comply with the knockdown provisions of Schedule C provided that the
vehicle or combination of vehicles complies with all other dimensional
requirements of Schedules A and B.

(3)Equipment on a model year 2002 and earlier
vehicle that does not meet the dimensional requirements of these regulations
may operate in the province in accordance with the former regulations until December 31, 2009.

(4)After December 31, 2004, a liftable axle on a model year 2003 or later vehicle will not be
recognised for contribution to the allowable gross vehicle weight in other than
tandem equivalent groups and tridem equivalent groups.

(5)Upon the coming into force of these
regulations, an axle group of 2 consecutive axles on a model year 2002 or
earlier vehicle that does not constitute a tandem axle or a tandem equivalent
axle may operate at weight limits in the former regulations until December 31, 2009,
after which date the vehicle shall have a maximum axle group mass of 9100
kilograms.

(6)Upon the coming into force of these
regulations, an axle group of 3 consecutive axles on a model year 2002 or
earlier vehicle that does not constitute a tridem axle, a tridem equivalent
axle or a triaxle, may operate in accordance with the former regulations until
December 31, 2009, after which date that vehicle shall have a maximum axle
group weight of 18000 kilograms.

(7)A model year 2002 and earlier tractor or
semitrailer configuration with an end dumping mechanism that does not comply
with the dimension requirements of these regulations may operate in the province
in accordance with the weights permitted under the former regulations until
December 31, 2004 regardless of its interaxle spacing between the tractor drive
axle group and the semitrailer axle group.

(8)After December 31, 2004, a tractor or semitrailer configuration referred to in subsection
(7) may operate in the province until December 31, 2009 at the weights permitted in the former regulations provided that
the interaxle spacing between the tractor drive axle group and the semitrailer
axle group is at least 2.6 metres.

(9)A model year 2002 or earlier semitrailer with
a

(a)tandem axle group having a spread that is
greater than 1.85 metres may operate in the province with an axle group weight
of not more than 18000 kilograms until December 31, 2009 and after that date,
the axle group weight of that semitrailer shall not exceed 9100 kilograms; and

(b)tridem axle group having a spread that is
greater than 3.7 metres may operate in the province with an axle group weight
of not more than 26000 kilograms until December 31, 2009 and after that date the axle group weight of that semitrailer shall
not exceed 18000 kilograms.

(10)A model year 2002 and earlier triaxle
semitrailer may operate in the province with a weight applicable to an axle
group spread that complies with the former regulations until December 31, 2009 and after that date the weight limit for that triaxle semitrailer
shall not exceed 18000 kilograms.

(11)A model year 2003 and later triaxle
semitrailer may operate in the province with a weight applicable to an axle
group spread that complies with the former regulations until December 31, 2004 and after that date the weight limit for that triaxle semitrailer
shall not exceed 18000 kilograms.

(12)A dump truck may operate in the province with
a load limit that complies with the former regulations until December 31, 2004 and after that date that dump truck shall operate in the province
with a load limit that complies with these regulations.

(13)The automatic application of tolerances on
axle or gross vehicle weight limits, published or not, shall not occur after December 31, 2005.

(14)Weight and dimension limits that differ from
those contained in Schedules A and B shall not apply after December 31, 2009.

(15)In this section

(a)"dump truck" means a vehicle
designed and used for the transportation of asphalt, rock, sand, fill, coal, minerals,
salt, snow or other materials that can be loaded, transported and unloaded in
the usual manner of a dump truck without causing undue damage to the materials
but does not include a vehicle equipped with and used for a plough; and